The Indian Evidence Act, 1872
ARRANGEMENT OF SECTIONS
PART I: RELEVANCY OF FACTS
CHAPTER II: OF THE RELEVANCY OF FACTS
Section 11: When facts not otherwise relevant become relevant.
Bare Act
Facts not otherwise relevant are relevant
- (1) if they are inconsistent with any fact in issue or relevant fact;
- (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
Illustrations
- (a) The question is, whether A committed a crime at Calcutta on a certain day.
- The fact that, on that day, A was at Lahore is relevant.
- The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.
- (b) The question is, whether A committed a crime.
- The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant.
Simplified Act
Facts that are usually not important can be important
- (1) if they contradict any main fact or important fact;
- (2) if they, alone or with other facts, make it very likely or unlikely that a main fact or important fact is true or false.
Examples
- (a) The question is whether A committed a crime in Calcutta on a specific day.
- The fact that A was in Lahore on that day is important.
- The fact that A was far from the crime scene around the time the crime happened, making it very unlikely (but not impossible) that A committed the crime, is important.
- (b) The question is whether A committed a crime.
- The situation is such that the crime must have been committed by either A, B, C, or D. Any fact that shows the crime could only have been committed by A, and not by B, C, or D, is important.
Explanation using examples
Example 1:
Scenario: A theft occurred in a jewelry store in Mumbai on the night of January 15th. The police suspect Mr. X of committing the theft.
Application of Section 11:
- Fact: Mr. X claims he was attending a wedding in Delhi on January 15th.
- Relevance: The fact that Mr. X was in Delhi on the night of the theft is relevant because it is inconsistent with the fact in issue (i.e., Mr. X committing the theft in Mumbai).
- Additional Fact: CCTV footage from the wedding venue in Delhi shows Mr. X attending the wedding at the exact time the theft occurred in Mumbai.
- Relevance: This additional fact makes it highly improbable that Mr. X could have committed the theft, thus making his alibi relevant under Section 11.
Example 2:
Scenario: A murder occurred in a small village, and the suspects are Mr. A, Mr. B, Mr. C, and Mr. D. The police need to determine who among them committed the crime.
Application of Section 11:
- Fact: Mr. A has a strong motive to commit the murder, but there is no direct evidence linking him to the crime.
- Relevance: The fact that Mr. A had a motive is relevant because it makes the existence of the fact in issue (i.e., Mr. A committing the murder) more probable.
- Additional Fact: Mr. B, Mr. C, and Mr. D were all seen together at a local festival at the time of the murder, and multiple witnesses can confirm their presence.
- Relevance: The fact that Mr. B, Mr. C, and Mr. D were at the festival makes it highly improbable that they committed the murder, thus making it more probable that Mr. A is the perpetrator. This makes the facts about Mr. B, Mr. C, and Mr. D's alibis relevant under Section 11.
